If you are lucky enough to face an amicable divorce in North Carolina, you might assume that the road ahead is relatively easy. While this is true to some extent, those pursuing amicable divorces have their own unique concerns. In order to make the most of your advantageous situation, it makes sense to take these factors into consideration. With help from an experienced divorce lawyer in North Carolina, you can pursue your amicable divorce with confidence.
Take Advantage of Alternative Dispute ResolutionIf you are going through an amicable divorce in North Carolina, it makes sense to take full advantage of alternative dispute resolution. Also known as “ADR,” this approach includes strategies such as arbitration, mediation, and collaborative law. These differ slightly in terms of who leads negotiations and how decisions are reached. However, they all have a few basic similarities.
First of all, all varieties of ADR are confidential – and negotiations occur in private. Privacy is an important priority for many spouses – especially public figures, business leaders, and anyone who wants to keep embarrassing details out of the public sphere.
Many spouses who have successfully navigated mediation or collaborative law say that it is inherently less stressful. While litigation (divorce lawsuits) encourages a combative “you vs. me” relationship between spouses, mediation cultivates cooperation and compromise between spouses. This not only has the potential to cause less psychological distress for spouses but also for children.
Alternative dispute resolution also has the potential to be much cheaper than litigation. By negotiating in private, you can avoid various court fees. This is an important priority for many divorcing spouses, as ending a marriage is now more expensive than ever before in the United States.
Mediation or collaborative law is generally faster than litigation. This also helps reduce costs, as it results in fewer billable hours for your lawyers. Many spouses wrap up their negotiations in a matter of weeks, while some litigated divorces can take years. Aside from these financial factors, a faster divorce is preferable because it allows you to move on with your life as quickly as possible.
You Still Need to Clarify Important DecisionsEven though your divorce might be amicable, you cannot afford to leave important decisions up to chance. If you only create vague agreements, you open yourself up to potential conflict in the future. Your divorce might begin on amicable terms, but it could spiral into bitterness if you fail to make certain decisions clear.
The best way to do this is with formal, written agreements. Do not rely on spoken promises, as these cannot be verified. Even if you both believe that you understand an oral agreement, you both may forget the details. A written agreement allows you to check and confirm the details with ease.
The Importance of SeparationEven though you and your ex might feel very friendly toward each other, you should still formally separate. The most straightforward way to do this is by living in separate homes. Although it might seem daunting to move out of the family home, one spouse should do so – as this will help simplify your divorce.
In North Carolina, spouses must separate for 12 months before continuing with their divorce. In addition, the precise date of separation may also be very important. According to equitable distribution laws, any property that you acquire after the date of separation is “separate property.” This type of property does not need to be divided with your ex.
Find an Experienced Divorce Lawyer in North CarolinaArnold & Smith, PLLC has been helping divorcing spouses in North Carolina for many years. During a consultation, we can help you assess your legal options in detail. Although amicable divorces are beneficial for many reasons, each marriage is unique. Online research only provides basic guidance, but legal professionals can assess your specific circumstances before offering advice. Reach out today to get started with an action plan.